PepiEN TERMS OF SERVICE
Please read these Terms of Service (hereinafter - the “Terms”) carefully before using the PepiEN
Platform and/or Services (as defined below). If you do not accept these Terms in their entirety,
including the agreement to arbitrate on an individual basis any claims between you and PepiEN,
Inc. (referred to as “PepiEN”, “we”, and “us”), a corporation registered and organized under the
laws of the state of Delaware, you must not access or use the PepiEN Platform.
1. GENERAL INFORMATION
1.1. Terms of Service
These Terms describe the terms and conditions applicable to your access and use of the website,
located at www.pepi-en.com.ua, and its sub-domains (the “Website”), related mobile device
application, and software (collectively with the Website, the “PepiEN Platform”).
Use of the Services is subject to these Terms and any other rules or policies published on the
Website or otherwise made available to you by PepiEN.
You understand that by creating an account on the PepiEN Platform, you enter into a legally
binding contract with PepiEN with effect from this date and indicate your unconditional acceptance
of these Terms.
These Terms, as well as Refund and Payment Policy, Privacy Policy, Cookies Policy, and any
service-specific terms as made available in the Legal Center, are legally binding agreements
governing the relationship between PepiEN and any User (as defined below) or visitor of the PepiEN
Platform. As a User or a visitor of the PepiEN Platform, the collection, use, and sharing of your
personal data are subject to the Privacy Policy and Cookie Policy, as may be amended from time
to time.
1.2. PepiEN Services
You may access and use the PepiEN Platform as: (i) a registered user seeking online language
teaching and tutoring services by using the PepiEN Platform or other tools made available by
PepiEN (the “Student”); (ii) a registered user providing online language teaching and tutoring
services via the PepiEN Platform or other tools made available by PepiEN (the “Tutor”); or (iii) a
visitor of the Website, including the PepiEN Blog.
Throughout these Terms, “you” or “your” may refer as applicable to the Student, the Tutor, or a
visitor accessing or using any of our Services (each the “User”).
PepiEN services include access to the PepiEN Platform for Students and Tutors, to connect for
online language teaching and tutoring services, facilitation of payments between Students and
Tutors, and customer support and related services (the “Services”). PepiEN does not provide
language teaching and tutoring services. All available teaching and tutoring services on the PepiEN
Platform are provided according to the services' specific terms outlined in the Legal Center.
You are responsible for obtaining and paying for any equipment and Internet service necessary
to access the Services. We may alter, suspend, or discontinue the PepiEN Platform or the Services
in whole or in part, at any time and for any reason, without notice. The PepiEN Platform may also
become unavailable periodically due to maintenance or malfunction of computer equipment or
other reasons. We may provide access to third party services and products from time to time or
to our own products or Services. You acknowledge that the PepiEN Platform is evolving and that
the form and nature of the Services may change from time to time without notice to you.
1.3. Amendments to these Terms
We reserve the right to amend or modify Terms at any time, by posting a revised version on the
Website and by notifying you through the PepiEN Platform, or via the email address associated
with you in case of material change hereto. The latest version is published on this page.
We encourage you to check this page regularly. If you do not agree with the amendments to
these Terms, you have the right to terminate these Terms by discontinuing your use of the
Services and providing a termination notice to PepiEN or deleting your account. By continuing
to use the Services following the amendment of these Terms, you consent to be bound by the
Terms as amended.
2. OBLIGATIONS
2.1. Services Eligibility
Services are available only to and may only be used by individuals who are 18 years and older
and who can form legally binding contracts under applicable law. Individuals under the age of
18 but not younger than the age of 13 can use our Services only in conjunction with and under
the supervision of a parent or a legal guardian. The parent or the legal guardian shall at all times
be responsible for any and all activities related to the use of the Services by the aforementioned
individuals.
You agree and confirm that you will not allow any individual younger than the age of 13 to use
the Services.
2.2. Verification
PepiEN may request a Tutor to provide a government-issued ID (passport, driver’s license, etc.)
and the documents confirming the claimed educational credentials (educational background
documents, such as diplomas, certificates, etc.). The Tutor will be asked to upload a copy of the
Tutor’s government-issued ID and their educational document(s). As a Tutor passes the
verification procedure, a special badge is added to the Tutor’s profile, and the uploaded copies
of the documents get deleted from our servers.
PepiEN does not endorse or make any representations or warranties regarding the accuracy,
completeness, and reliability of any information provided by the Tutor within the verification
procedure.
PepiEN cannot confirm that each User is who they claim to be. You agree and understand that
you assume all risks when using the Services, including without limitation any and all of the
risks associated with any online or offline interactions with other Users.
When interacting with other Users, you should exercise caution and common sense to protect
your personal safety and property, just as you would when interacting with other people you
don’t know. Neither PepiEN nor its affiliates or licensors is responsible for the conduct, whether
online or offline, of any User of the Services. PepiEN, its affiliates, and licensors will not be
liable for any claim, injury, or damage arising from or in connection with your use of the
Services.
2.3. Consumer Reports
PepiEN may or may not utilize third-party consumer reporting agencies that perform, among
other things, criminal background checks, sex offender registry checks, motor vehicle records
checks, credit checks, and identification verifications (“Consumer reports”). PepiEN does not
endorse or make any representations or warranties regarding the reliability of such Consumer
reports or the accuracy, timeliness, or completeness of any information in the Consumer reports.
PepiEN does not independently verify information in the Consumer reports.
You hereby consent to PepiEN collecting, using, and disclosing the information in the Consumer
reports. You understand and agree that PepiEN may, in its sole discretion, review and rely on the
information in the Consumer reports in deciding whether to suspend or terminate a User account
or to investigate a complaint about a User, but that PepiEN shall not be responsible or liable in
any way in the event that any information in the Consumer reports about any person, including
without limitation any User, is not accurate, timely or complete. Users who are the subject of
Consumer reports may contact the third-party consumer reporting agency to dispute such
information's accuracy, timeliness, or completeness. PepiEN reserves the right to suspend and/or
terminate a User account based on the information in the Consumer reports or for any other
reason at PepiEN's sole discretion.
2.4. Privacy
You may use the PepiEN Platform without providing personally identifiable information. When
using the Services, you may be requested to provide your personal data. To learn more about
our privacy practices, please refer to PepiEN Privacy Policy.
2.5. Payment
Payment processing on the PepiEN Platform is provided by third-party payment processors
including, but not limited to Braintree, PayPal, Stripe, Skrill, Payoneer, and TransferWise,
allowing us to:
(a) bill the Students in lieu of directly processing your credit/debit card information;
(b) enable payouts to the Tutors.
For the avoidance of doubt, payment made by the Student to PepiEN shall satisfy the Student’s
obligation with respect to the payment to the Tutor for the tutoring services provided via the
PepiEN Platform.
Please review the additional payment terms as specified in the Refund and Payment Policy.
More details on the security of your payment and billing information may be found in our
Privacy Policy.
We use third-party payment processors Braintree PayPal and Stripe to bill you as Students in
lieu of directly processing your credit/debit card information and PayPal, Skrill, Payoneer, and
TransferWise to enable payouts to the Tutors. Please read more on how the security of your
payment and billing information is handled in our Privacy Policy.
For the avoidance of doubt, payment made by the Student to PepiEN shall satisfy the Student’s
obligation with respect to the payment to the Tutor for the tutoring services provided via the
PepiEN Platform.
We also use third-party payment processors (PayPal, Skrill, Payoneer, TransferWise) to enable
payouts to the Tutors.
Please check the additional payment terms specified in the Refund and Payment Policy.
2.6. Refund
PepiEN strives to ensure a clear understanding of the financial relations between Students and
Tutors with respect to the Services we provide. Please check our Refund and Payment Policy to
find out more about how we handle refunds. To the fullest extent permitted by law, any refunds
at any time are at our sole discretion only.
3. RIGHTS AND LIMITS
3.1. Your Right to Use the PepiEN Platform
In case you are a Student, PepiEN hereby grants you, on the Terms set forth herein, a non transferable, non-sublicensable, non-exclusive, limited right to access and use the PepiEN
Platform solely for your non-commercial personal use.
In case you are a Tutor, PepiEN hereby grants you, on the Terms set forth herein, a non transferable, non-sublicensable, non-exclusive, limited right to access and use the PepiEN
Platform solely for the provision of the tutoring services to the Students.
You agree not to view, copy, or procure content or information from the PepiEN Platform by
automated means (such as scripts, bots, spiders, crawlers, or scrapers), or to use other data
mining technology or processes to frame, mask, extract data or other materials from the PepiEN
Platform (except as may be a result of the standard search engine or Internet browser usage)
unless formally authorized by PepiEN under separate written agreement.
You agree not to inquire about the engagement of or to engage Tutors to complete assignments,
write papers, take quizzes, or otherwise do work on your behalf. Further, you agree not to use
the Services for any purpose that violates the academic honesty policy or other conduct policies
of your school, university, academic institution, or workplace.
No PepiEN materials made available to you as part of the Services may be copied, reproduced,
modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or
by any means without PepiEN's prior written permission or as expressly provided in these Terms.
You may not share or transfer your account credentials with any third party.
PepiEN may impose reasonable limits on your scope of access to the PepiEN Platform, including
limits on time or volume of information accessed or devices used to access the PepiEN Platform,
to prevent unauthorized third-party use of the Services.
All rights not expressly granted herein are reserved.
3.2. Your Account
Certain of our Services are reserved for registered users only. To become a registered user, you
must create a Student or Tutor account on the PepiEN Platform. You agree that you are
responsible for protecting your account credentials from unauthorized use, and you are
responsible for all activity that occurs under those account credentials. You agree to notify us
immediately if you believe that any of your account credentials have been or may be used
without your permission so that appropriate action can be taken.
You may use the Website and its features without being a registered user. This shall not preclude
the application of these Terms and other PepiEN’s rules and policies applicable to your use of the
Website, including but not limited to when you interact with the Website.
You may not (i) create more than two accounts (one as a Tutor and one as a Student) to access
the PepiEN Platform, (ii) share your account credentials with any third party, or (iii) transfer your
account to any third party. PepiEN is not responsible for any loss or damage caused by or expense
incurred by you as a result of your failure to safeguard your account credentials. You agree that
you shall not rent, resell, or remarket the PepiEN Platform or provide access to the Services to
any third party.
When you create an account on PepiEN, we may collect certain personal data directly from you,
or if you create your account using a third-party service (Facebook, Google, Apple), we may
collect personal data about you from the third-party service (your username or user ID associated
with that third-party service). By choosing to create an account using a third-party service, you
authorize us to collect the personal data necessary to authenticate your account with the third party service provider.
You may select a profile photo or connect your Google or Facebook account to be displayed
within your Student account. Please be advised that the provision of your photo is not obligatory
to use our Services. You may edit your account at your sole discretion. The security of any
personal data you choose to share within your account is subject to our Privacy Policy.
When you create a Tutor account, it is obligatory to provide your profile photo and the video
introduction.
You may edit your account at your sole discretion. Adding more details to your Tutor account
may help you get the most out of your use of the Services, for instance, find more Students.
Therefore, it is your choice whether to include additional information within your account or
not, such as country, language skills, education, and work experience. The security of any
personal data you choose to share within your account is subject to our Privacy Policy.
3.3. Direct Interactions
PepiEN does not take part in direct interactions between Students and Tutors except when we
consider it advisable:
(a) to ensure compliance with these Terms;
(b) to improve our Services; or
(c) as stated in our Refund and Payment Policy.
PepiEN does not have control over the services provided by the Tutors, any reviews or ratings
provided by the Students, or any User acts and omissions.
3.4. Representations and Warranties
Tutor-Specific Representations
If you use the Services as a Tutor:
(i) you will provide the tutoring services in accordance with these Terms and other policies
set forth by PepiEN and made available to you via email or by posting on the Website;
(ii) you will provide the tutoring services in accordance with laws and regulations applicable
in the state or country where you are providing the tutoring services;
(iii) you are solely responsible and fully liable for any violation of any local laws and
regulations that apply to your provision of the tutoring services;
(iv) you will provide the tutoring services with reasonable care and skill and in accordance
with generally recognized practices;
(v) you have obtained all registrations, certifications, licenses, and other documentation that
are required in the applicable jurisdiction for providing the tutoring services. It is your
obligation to maintain the validity of all aforementioned documentation;
(vi) you will not provide tutoring services to the Students outside of the PepiEN Platform,
receive payments from the Students directly, or encourage or solicit payment from the
Student directly or through any channels other than those provided by PepiEN;
(vii) you acknowledge and agree that PepiEN may advertise tutoring services that you provide
via the PepiEN Platform without any additional payment or obligation to you;
(viii) you acknowledge and agree that PepiEN may improve the video you provided for your
account. The improvements can be made by editing the video, adding the PepiEN logo to
the video, improving the quality of sound in the video, and publishing the video on PepiEN
social media accounts with adding the description and link to the Tutor’s profile.
Student-Specific Representations
If you use the Services as a Student:
(i) you agree to honor the commitments you make to the Tutor via the PepiEN Platform;
(ii) you agree that you will not circumvent or manipulate the fee structure, the billing process,
or fees owed to PepiEN or the Tutor; and
(iii) you agree to use good faith efforts to interact with the Tutors.
3.5. Tutors’ Introduction Video and Profile Photo
Tutors grant PepiEN the rights to use Tutor’s introduction video, name, and profile photo for
marketing, advertising, or promotional purposes, including but not limited to publishing on
social media channels, video hosting, and streaming services, such as YouTube, Vimeo,
Facebook, or others, as to ensure accessibility and visibility to the Students.
You may always request to remove any introduction videos published on social media channels,
video hosting, and streaming services by writing to
3.6. Tutors’ Ranking
PepiEN uses many pieces of information in order to show the Student the Tutors that best match
the Student’s preferences. The order in which Tutors are displayed depends on a number of
factors including, but not limited to, the following:
• the subject the Student is searching for;
• the country of the Student;
• the Student’s preferred language on the PepiEN Platform;
• the time zone of the Student;
• the overlap in standard business hours between the Tutor and Student’s time zones;
• the overall availability of time slots on a Tutor’s calendar;
• the past performance of a Tutor in helping their Students achieve their learning goals;
• the Tutor profile information, including its completeness and the quality of the profile
photo and introduction video;
• how responsive the Tutor is to the Students’ messages;
• the Student reviews and ratings;
• Student’s learning history on the PepiEN Platform.
3.7. User Complaints
If a User has a complaint about Services, they should contact PepiEN at
with the subject line ‘Formal Complaint’ (the “Complaint”), providing as much detail as
possible about the Complaint. PepiEN shall respond to the User confirming receipt and shall
investigate the matter. Upon receiving the Complaint, PepiEN customer support shall investigate
the Complaint internally, taking into account the importance and complexity of the issue or
issues raised.
If the Complaint relates to a specific PepiEN employee, another PepiEN representative will help
with the investigation in their place.
PepiEN shall respond to the User with its findings in response to the Complaint, and, where
applicable, with a suggested solution.
3.8. Lesson Recording
You acknowledge and agree that, from time to time, PepiEN may record videos of your lessons.
This recording is intended solely for the purpose of ensuring the quality of the Services.
Recordings will not be shared externally, used for individual targeting, or used for any sales,
marketing, or other promotional purposes.
By using the Services, you agree and give consent for such recordings that is gratuitous,
unsolicited, and without restriction. You agree that PepiEN may use these recordings without
fiduciary or other obligation and without any additional compensation.
You may opt out of any recordings of your lessons or request to remove any existing recordings
by writing to
3.9. Referral Program
The Students (henceforth the Student Referrer) and the Tutors (henceforth the Tutor Referrer)
may invite another individual who is not, and has never been, a registered user of the PepiEN
Platform (henceforth the Referee) with a referral link. Clicking on this referral link entitles the
Referee to a discount on their initial purchase via the PepiEN Platform.
Referral links are only valid for and may be redeemed by the Referee to whom they are sent. We
reserve the right to terminate any accounts found in violation and remove any credits or referral
bonuses accumulated in breach of these Terms or Promotional terms with or without notice.
Discounts and referral bonuses eligibility is determined by PepiEN at its sole discretion, and we
reserve the right to revoke a discount or referral bonus if we determine you are not eligible. The
eligibility requirements and other conditions will be disclosed when you sign-up for the Services
or as otherwise communicated to you by PepiEN.
Students
The Student Referrer will be entitled to receive a discount when the Referee makes their initial
purchase using the discount from the referral link. The discount amount for the Student Referrer
and the Referee is subject to change.
Credits are valid only for booking lessons on PepiEN, are not redeemable for cash, and may not
be resold. Credits will be valid for 180 days from the Referrer’s most recent log-in date. If the
Referrer has not logged in for 180 days, all credits will expire and will no longer be recoverable.
Tutors
The Tutor Referrer will be entitled to receive a referral bonus for every purchase the Referee
makes. The referral bonus can be withdrawn as cash. The referral bonus amount for the Tutor
Referrer and Referee is subject to change.
3.10. Limits
While using the Services, you agree to abide by the User Code of Conduct.
4. PepiEN CONTENT
Users have a personal, non-transferable, non-exclusive right to use the PepiEN Content of the
PepiEN Platform subject to these Terms. The “PepiEN Content” means all information, text,
images, data, links, or other material accessible through the PepiEN Platform, whether created by
us or provided by a third party on or through the PepiEN Platform. The Content may contain
typographical errors, other inadvertent errors, or inaccuracies. We reserve the right to make
changes to the PepiEN Content without obligation to issue any notice of such changes. You may
view, copy, download, and print the PepiEN Content that is available on or through the PepiEN
Platform, subject to the following conditions:
(a) The PepiEN Content is available solely for your personal use. No part of the PepiEN
Platform or the PepiEN Content may be reproduced or transmitted in any form, by any
means, electronic or mechanical, including photocopying and recording for any other
purpose;
(b) The PepiEN Content may not be modified;
(c) Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on the PepiEN Platform should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use the PepiEN Platform or any PepiEN Content,
except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or
the permission of such third party that may own the trademark or copyright of the PepiEN
Content.
5. USER-GENERATED CONTENT
The “User-generated Content” means all comments, remarks, information, feedback, text,
photographs, links, data, images, video, music, or other material that you or any User post to
any part of the PepiEN Platform or provide to PepiEN, including such content or information that
is posted as a result of surveys.
We are not responsible or liable for the conduct of Users or for views, opinions, and statements
expressed in the User-generated Content submitted for public display through the PepiEN
Platform. We do not prescreen information posted online. We are acting as a passive conduit for
such distribution and may not be responsible for the User-generated Content. Any opinions,
advice, statements, services, offers, or other information in the User-generated Content
expressed or made available by Users are those of the respective author(s) or distributor(s) and
not of PepiEN. We neither endorse nor guarantee the accuracy, completeness, or usefulness of
any such User-generated Content. You are responsible for ensuring that the User-generated
Content submitted to the PepiEN Platform is not provided in violation of any copyright, trade
secret, or other intellectual property rights of another person or entity. You shall be solely liable
for any damages resulting from any infringement of copyrights, trade secrets, or other
intellectual property rights, or any other harm resulting from your use, uploading, posting, or
submission of the User-generated Content to the PepiEN Platform.
We have the right, but not the obligation, to randomly monitor, edit or remove any User generated Content submitted on or through the PepiEN Platform at any time.
If you believe that your intellectual property rights have been infringed, please submit your
complaint to
including, but not limited to, copyright, trademark, and patent claims. We respond quickly to
the concerns of rights owners about any alleged infringement, and we terminate repeat infringers
in appropriate circumstances.
Lobbying. Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying”
includes certain activities intended to influence legislation. The User-generated Content does
not constitute lobbying by PepiEN but may constitute lobbying by you or an organization you
represent. You are responsible for complying with any applicable lobbying restrictions.
6. LINKS TO THIRD-PARTY WEBSITES
The PepiEN Platform may contain links to non-PepiEN websites. These links are provided to you
as a convenience and/or ancillary to the Services, and PepiEN is not responsible for the content
of any linked website. Any non-PepiEN website accessed from the PepiEN Platform is independent
from PepiEN, and PepiEN has no control over that website’s content. In addition, a link to any
non-PepiEN website does not imply that PepiEN accepts any responsibility for the content or use
of such a website. Use of any third-party website is subject to its terms of service and privacy
policy. We request that the Users exercise caution and good judgment when using third-party
websites.
7. ADVERTISEMENT
PepiEN may run advertisements and promotions sponsored by third parties on the PepiEN
Platform. Your correspondence or business dealings with, or participation in promotions of
advertisers other than PepiEN found on or through the Services, including payment and delivery
of related goods or services, and any other terms, conditions, warranties, or representations
associated with such dealings, are solely between you and such advertiser. PepiEN is not
responsible or liable for any loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such non-PepiEN advertisers on the PepiEN Platform.
PepiEN may display advertisements on non-PepiEN websites to promote the tutoring services you
provide via the PepiEN Platform and help you generate more Student leads.
8. NO IMPLIED ENDORSEMENTS
In no event shall any reference to any third party or third-party product or service be construed
as an approval or endorsement by PepiEN of that third party or of any product or service provided
by a third party. PepiEN does not endorse, warrant, or guarantee any product or service offered
by any third party and will not be a party to or in any way monitor any transaction involving any
third-party providers of products or services. As with the purchase of a product or service
through any medium or in any environment, you are responsible for exercising caution and good
judgment.
9. RELATIONS BETWEEN PepiEN AND USERS
Providing the Services PepiEN is acting as an on-demand intermediary connecting Students and
Tutors and providing the tools to facilitate the tutoring services. You acknowledge and agree
that PepiEN is a technology services provider that does not provide online tutoring services or
functions as a language learning school.
PepiEN does not serve as an employer of any User unless separately subject to a signed, written
employment contract signed by both the User and PepiEN. Users may use the Services only for
the provision and receipt of the tutoring services subject to these Terms.
As such, PepiEN will not be liable for any tax or withholding, including but not limited to
unemployment insurance, employer’s liability, workers’ compensation insurance, social
security, or payroll withholding tax in connection with your use of Services. You are solely
responsible for adhering to all applicable tax regulations that may apply in connection with your
use of the Services. You hereby agree to compensate PepiEN for all state fees, claims, payments,
fines, or other tax liabilities that PepiEN will incur in connection with the obligations arising from
applicable tax or other regulations not being met by you.
In all cases of use of the PepiEN Platform, Users are acting as independent contractors and not
as PepiEN’s or any other party’s employee, agent, franchisee, or servant. Accordingly, you will
be solely responsible for all costs incurred by you or your organization. You may not act as an
employee, agent, or representative of PepiEN nor bind any contract on behalf of PepiEN. Where,
by implication of mandatory law or otherwise, you shall be deemed an employee of PepiEN, you
hereby agree to waive any claims against us that may arise as a result of a such implied
employment relationship. No User is entitled to participate in any PepiEN vacation, group
medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe
benefits or benefit plans offered by PepiEN to its employees.
The Services provide connection to Tutors who are willing to be engaged by Students s as
independent contractors. As independent contractors, each Tutor decides when and how often
the Tutor will be available to provide the tutoring services to Students. Each Tutor controls the
methods, materials, content, and all aspects of the tutoring services. The Services allow Tutors
to create subject-specific tutoring services, for a certain number of hours.
Students are responsible for selecting the Tutor suitable for their learning goals. Students should
check each Tutor's self-reported credentials, education, and experience, as well as reviews from
other Students. Each Tutor has the sole discretion to accept or decline a request for the tutoring
services, as well as continue or discontinue a tutoring relationship with any Student.
Tutors may and, in fact are expected to perform the tutoring services for others or do other types
of work (either as an independent contractor or employee or other) while these Terms are in
effect, including with PepiEN’s competitors if desired, provided that such other activities do not
result in the Tutor’s violation of the Terms.
10. ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms in whole or in part
to any third party without PepiEN’s written consent. These Terms shall be binding and inure to
the benefit of the parties to these Terms and their respective successors, permitted transferees,
and assigns.
11. FEEDBACK
You acknowledge and agree that we may provide you with a mechanism to provide feedback,
suggestions, and ideas about the Services or the PepiEN Platform (the “Feedback”).
By submitting any Feedback, you provide us a written consent to use your Feedback for the
improvement and promotion of the Services. You agree that submitting a Feedback is gratuitous,
unsolicited, and without restriction and will not place us under any fiduciary or other obligation
and that we are free to use the Feedback without any additional compensation to you and/or to
disclose the Feedback on a non-confidential basis or otherwise to anyone.
You further acknowledge that, by accepting your Feedback, PepiEN does not waive any rights to
use similar or related ideas previously known to PepiEN, or developed by its employees, or
obtained from sources other than you. You agree that we may, in our sole discretion, use the
Feedback you provide to us in any way, including in future enhancement and modifications to
the Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable,
sublicensable, irrevocable, royalty-free license to use, reproduce, modify, create derivative
works from, distribute, and display the Feedback in any manner for any purpose, or without it
in any media, software, or technology of any kind now existing or developed in the future,
without any obligation to provide attribution or compensation to you or any third party.
12. REVIEWS
You acknowledge and agree that PepiEN may calculate a composite rating based on comments
and reviews left by other Users s. Tutors agree to be rated by Students along several criteria, as
suggested by PepiEN. PepiEN provides its automatic feedback and rating system as a means
through which Users can express their opinions publicly, and PepiEN does not monitor or censor
these opinions or investigate any remarks posted by Users for accuracy or reliability unless a
User brings the posting to PepiEN's attention. You may be held legally responsible for damages
suffered by other Users or third parties as a result of these remarks if a court finds that these
remarks are legally actionable or defamatory. PepiEN is not legally responsible for any feedback
or comments posted or made available on the PepiEN Platform by any Users or third parties, even
if that information is defamatory or otherwise legally actionable. You agree to report violations
or abuses of our rating and feedback system immediately by contacting Customer Support.
13. NOTIFICATIONS
Unless you otherwise indicate in writing, PepiEN will communicate with you by email, regular
mail or by posting communications on the PepiEN Platform. You consent to receive
communications from us electronically, and you agree that these electronic communications
satisfy any legal requirement that such communications be in writing. You will be considered
to have received a communication when we send it to the email address you have provided to
PepiEN within your account or when we post such communication on the PepiEN Platform. You
should keep your email address updated in your account and regularly check this Website for
postings. If you fail to respond to an email message from PepiEN regarding the violation, dispute,
or complaint within 2 (two) business days, we will have the right to terminate or suspend your
account. All notices to PepiEN intended to have a legal effect concerning these Terms must be in
writing and delivered either in person or by means evidenced by a delivery receipt to the
following address: 1309 Beacon St., Suite 300, Brookline, MA 02446.
To stop receiving specific communications from PepiEN, please, submit a notification to us by
email at
communications, you may also change notification preferences in your account.
14. TERMINATION
Other than Tutors, we may terminate any User’s access to the PepiEN Platform in our sole
discretion, for any reason and at any time, with or without prior notice. It is our right to terminate
Users who violate these Terms, as deemed appropriate in our sole discretion.
We may terminate a Tutor’s use of the Services (i) immediately for failure to comply with the
Terms, including User Code of Conduct, which considers a material breach of the agreement;
(ii) for other cause, including, but not limited to, sexual or other unwelcome harassment, threats
or intimidation, fraud, falsification of documents or qualifications; or (iii) upon 30 days’
advance written notice for any reason.
We may also delete or restrict access to or use of all related information and files. PepiEN will
not be liable to Users or any third party for any modification, suspension, or termination of the
Service, or loss of related information.
In case PepiEN suspends or terminates your account due to the breach of these Terms or any of
PepiEN policies, you understand and agree that you shall receive no refund or compensation for
any unused funds or scheduled lessons/classes, or loss of any content or information associated
with your account. In addition to the aforementioned, PepiEN is entitled to withhold any funds
remaining on your account as liquidated damages.
In case you haven’t logged into your PepiEN account for more than 180 days your account will
be suspended, and your remaining balance will expire.
Even after your right to use the Services has been terminated or suspended, these Terms will
remain enforceable against you.
15. INTELLECTUAL PROPERTY RIGHTS
All intellectual property in the design and layout of the PepiEN Platform and the material and
information published on the Website pages or within the PepiEN Platform functionality belongs
to and is vested in PepiEN or its licensors. You may not copy any part of the PepiEN Platform or
otherwise do anything in relation to any part of the PepiEN Platform. You may not otherwise use
or reproduce any of the PepiEN Platform or the material contained within it in any manner other
than those listed above without first obtaining the prior written permission of PepiEN.
Unless otherwise noted, all PepiEN Content contained on the PepiEN Platform is the property of
PepiEN and/or its affiliates or licensors and is protected from unauthorized copying and
dissemination by United States copyright law, trademark law, international conventions, and
other intellectual property laws. The service marks and trademarks of PepiEN, including without
limitation PepiEN and the PepiEN logos are service marks owned by PepiEN, Inc. Any other
trademarks, service marks, logos, and/or trade names appearing via the Service are the property
of their respective owners. You may not copy or use any of these marks, logos, or trade names
without the express prior written consent of the owner.
You may not link or frame to any pages of the Website or any PepiEN Content contained therein,
whether in whole or in part, without prior written consent from PepiEN. You may like or follow
PepiEN or share links to the Website via social networking technology referenced on the Website.
Any rights not expressly granted herein are reserved.
16. COPYRIGHT INFRINGEMENT. DMCA NOTICE
Since we respect content owner rights, it is PepiEN’s policy to respond to alleged infringement
notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you
believe that any materials on our Services infringe your copyright, you may request that they be
removed. Please notify PepiEN's copyright agent as set forth in the DMCA. For your complaint
to be valid under the DMCA, your request must bear a signature (or electronic equivalent) of
the copyright holder or an authorized representative and must include the following information:
(i) An electronic or physical signature of a person authorized to act on behalf of the copyright
owner;
(ii) Identification of the copyrighted work that you claim has been infringed;
(iii) Identification of the material that is claimed to be infringing and where it is located on the
Website;
(iv) Information reasonably sufficient to permit PepiEN to contact you, such as your address,
telephone number, and email address;
(v) A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or law; and
(vi) A statement, made under penalty of perjury, that the above information is accurate, and
that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent: Attn: DMCA Notice
PepiEN, Inc.
Address: 1309, Beacon St., Suite 300, Brookline, MA 02446. Email:
Under federal law, if you knowingly misrepresent that online material is infringing, you may be
subject to criminal prosecution for perjury and civil penalties, including monetary damages,
court costs, and attorney's fees.
Please note that this procedure is exclusively for notifying PepiEN and its affiliates that your
copyrighted material has been infringed. The preceding requirements are intended to comply
with PepiEN’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not
constitute legal advice. It may be advisable to contact an attorney regarding your rights and
obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable laws, PepiEN may also at its sole discretion
limit access to the Service and/or terminate the accounts of any Users who infringe any
intellectual property rights of others, whether or not there is any repeat infringement.
17. CONFIDENTIALITY
You may obtain direct access via the Services to certain confidential information of PepiEN, its
affiliates or Users, including but not limited to personally identifiable information, technical,
contractual, product, program, pricing, marketing and other valuable information that should
reasonably be understood as confidential (“Confidential Information”). You agree to hold
Confidential Information in strict confidence and not use the Confidential Information except
for the purposes set forth in these Terms and not disclose such Confidential Information to any
third party. All right, title and interest in the Confidential Information remains with PepiEN, its
affiliates and its Users. No obligation is imposed upon you with respect to Confidential
Information that you can establish by legally sufficient evidence: (a) you possessed prior to your
receipt from PepiEN, without an obligation to maintain its confidentiality; (b) is or becomes
generally known to the public through no act or omission by you, or otherwise without violation
of the Terms; (c) you obtained from a third party who had the right to disclose it, without an
obligation to keep such information confidential; (d) you independently developed without the
use of Confidential Information and without the participation of individuals who have had access
to it, or (e) is disclosed in response to a valid order by a court or other governmental body, or as
otherwise required by law, or as necessary to establish the rights of either party under these
Terms and as disclosed after prior notice to PepiEN adequate to afford PepiEN the opportunity to
object to the disclosure.
18. DISCLAIMER OF WARRANTY
Use of the Services is entirely at your own risk. PepiEN disclaims all liability in connection with
any interactions, correspondence, transactions, and other dealings that you have with any third
parties, including without limitation Students or Tutors found on or through the PepiEN Platform
(including on or via linked websites or advertisements) are solely between you and the third
party (including issues related to the content of third-party advertisements, payments, services,
delivery of goods, warranties (including product warranties), privacy and data security, and the
like). Under no circumstances will we be liable for any loss or damage caused by your reliance
on the information in any content on the PepiEN Platform. It is your responsibility to evaluate the
accuracy, completeness, or usefulness of any information, opinion, advice, or other content
available through the PepiEN Platform.
You acknowledge that the PepiEN Platform and all Services, text, images, and other information
on or accessible from the PepiEN Platform are provided "as is" and are based in part on listings
provided by Tutors, which are not verified by PepiEN, and that any tutoring services, listings or
other content acquired through the use of the PepiEN Platform are at your sole risk and discretion.
PepiEN and its affiliates and licensors are not liable or responsible for any results generated
through the use of the Services. We provide no warranty of any kind, either express or implied,
including but not limited to the implied warranties of merchantability, fitness for a particular
purpose, and non-infringement. Specifically, but without limitation, PepiEN does not warrant
that: (i) the information available on the PepiEN Platform is free of errors; (ii) the functions or
services (including but not limited to mechanisms for the downloading and uploading of content)
provided by the PepiEN Platform will be uninterrupted, secure, or free of errors; (iii) defects will
be corrected, or (iv) the PepiEN Platform or the server(s) that makes it available are free of viruses
or other harmful components. Neither PepiEN nor its affiliates or licensors is responsible for the
conduct, whether online or offline, between Users.
In addition, notwithstanding any feature a Student may use to expedite Tutor selection, each
Student is responsible for selecting their Tutor and negotiating a contract, and PepiEN does not
warrant any goods or tutoring services purchased by a Student and does not recommend any
particular Tutor. PepiEN does not provide any warranties or guarantees regarding any Tutor’s
professional accreditation, registration, or license.
PepiEN expressly disclaims any liability or claims that may arise between Users of its Services.
You are solely responsible for your interactions with all other Users and any disputes that arise
from those interactions with other Users. PepiEN is not obliged but may attempt to assist in
resolving disputes between Users.
19. LIMITATION OF LIABILITY
(a) Disclaimer. In no event shall PepiEN be liable to any User of the PepiEN Platform or any
other person or entity for any direct, indirect, special, incidental, consequential, or exemplary
damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or
costs of obtaining substitute goods or services) arising out of use, inability to use, unauthorized
access to or use or misuse of the PepiEN Platform or any information contained thereon, whether
based upon warranty, contract, tort (including negligence) or otherwise, even if has been advised
of the possibility of such damages or losses.
(b) Limitation. You agree that PepiEN’s total cumulative liability in connection with these
Terms, the PepiEN Platform, the Services, the PepiEN Content, or any listing or services whether
in contract, tort, or otherwise, shall not exceed the amounts, if any, you paid to PepiEN for the
Services in the then-prior three months.
(c) Waiver of Class Action. Any claims brought by you or PepiEN must be brought in that
party’s individual capacity, and not as a plaintiff or class member in any purported class or
representative proceeding.
20. EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion
of liability for incidental or consequential damages. Accordingly, some of the above limitations
may not apply to you.
21. INTERNATIONAL
The PepiEN Platform may be accessed from countries other than the United States. The PepiEN
Platform and the Services may contain products or references to products that are only available
within the United States and U.S. territories. Any such references do not imply that such
products will be made available outside the United States.
If you access and use the PepiEN Platform outside the United States, you are responsible for
complying with all applicable local laws and regulations.
We make no representation that information on the PepiEN Platform is appropriate or available
for use outside the United States. Those who choose to access the PepiEN Platform from outside
the United States do so on their own initiative and at their own risk.
22. EXPORT CONTROL
The laws of the United States of America prohibit the transmission, export, and re-export of
certain products, services, downloadable software, and data (technical data) to particular
persons, territories, and foreign states. Nothing from the Services may be exported, in any way,
in violation of United States law.
The United States export control regulations prohibit U.S. businesses, such as PepiEN, from
offering services to users in specific sanctioned regions.
In order to comply with these regulations, it is not allowed for users in the following areas to
access all or certain parts of the PepiEN Platform:
● Iran,
● Sudan,
● Crimea,
● Cuba,
● Syria,
● North Korea,
● Temporary occupied territories of Donetsk and Luhansk oblast of Ukraine,
● Any other country or region restricted by law (as may be changed from time to time).
Depending on your exact location, you may encounter an IP or payment purchase block when
attempting to enroll in or otherwise access the PepiEN Platform.
23. LIQUIDATED DAMAGES
PepiEN and a User hereto acknowledge and agree that the funds that may be withheld under
Section 14 of these Terms shall constitute liquidated damages and not penalties and are in addition
to all other rights of PepiEN in case of the breach of these Terms. PepiEN and a User further
acknowledge that (i) the amount of loss or damages likely to be incurred is incapable or is difficult
to precisely estimate, (ii) the amounts specified in the abovementioned section bear a reasonable
relationship to, and are not plainly or grossly disproportionate to, the probable loss likely to be
incurred in connection with any material breach of the agreement by a User (iii) one of the reasons
for PepiEN and a User reaching an agreement as to such amounts was the uncertainty and cost of
litigation regarding the question of actual damages.
24. INDEMNIFICATION
By using the Services, you agree to indemnify, hold harmless and defend PepiEN and its
subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other
partners, employees, and representatives from any claims, damages, losses, liabilities, and all
costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or
indirectly from a claim by a third party that arises in connection with your use of the Services,
including but not limited to (a) acts and/or omissions on or off the PepiEN Platform; (b) violation
of any rights of another, including without limitation any alleged infringement of intellectual
property or other right of any person or entity relating to the PepiEN Platform; (c) breach of these
Terms; (d) disputes with or between other Users; (e) use and/or misuse of the PepiEN Platform,
including without limitation any information, content and/or materials thereon; (f) violation of
any applicable law or regulation; (g) inaccurate, untimely, incomplete or misleading User
information, including without limitation with respect to registration, profile or eligibility; (h)
misstatements and/or misrepresentations; (i) use of links to third party websites, including
without limitation such websites' availability, terms of use, privacy policy, information, content,
materials, advertising, products and/or services; (j) User information and any acts or omissions
with respect to such User information; (k) use of any information in third-party reports; (l) use
of third-party payment processors; and/or (m) use of any services or products or any contracts
or arrangements made or provided based on information, content and/or materials obtained on
or through the PepiEN Platform . You further agree that you will cooperate as requested by PepiEN
in defense of such claims. PepiEN reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by Users, and you shall
not, in any event, settle any claim or matter on behalf of PepiEN without the written consent of
PepiEN.
In the event that you have a dispute with any User, you hereby release PepiEN (and its officers,
directors, agents, investors, subsidiaries, employees, contractors, and any other third parties
related to the Services) from any and all claims, demands, or damages (actual or consequential)
of every kind, known and unknown, arising out of or in any way related with such disputes.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A
general release does not extend to claims that the creditor or releasing party does not know or
suspect to exist in his or her favor at the time of executing the release and that, if known by him
or her, would have materially affected his or her settlement with the debtor or released party.”
25. DISPUTE RESOLUTION
Any dispute arising out of consumer claims shall be finally resolved by individual arbitration
before a single arbitrator is conducted in the English language in Delaware, USA, under the
Commercial Arbitration Rules of the American Arbitration Association (AAA).
All disputes arising out of or relating to these Terms shall be finally resolved by individual
arbitration. The arbitration will be conducted in Delaware, USA, except that a User residing in
the US may elect to have the arbitration conducted at a location of PepiEN’s choice no more than
160 kilometers from the User’s residence. The individual arbitration must be before a single
arbitrator is conducted in English under the Commercial Arbitration Rules of the American
Arbitration Association (AAA).
Any arbitration under these Terms will be between an individual User and PepiEN. To the fullest
extent permitted by applicable law, and except as expressly provided below, you and PepiEN
expressly waives any entitlement to resolve disputes in court or on a class, collective, or
representative basis. You and PepiEN shall appoint as sole arbitrator a person mutually agreed
by you and PepiEN or, if you and PepiEN cannot agree within thirty (30) days of either party’s
request for arbitration, such single arbitrator shall be selected by the AAA upon the request of
either party.
The parties shall bear equally the cost of the arbitration except (a) to the extent prohibited by
applicable law; (b) that if the arbitrator determines that costs unique to arbitration (i.e., filing,
administration, and arbitrator’s fees) would preclude a User from asserting a claim in arbitration,
the arbitrator may require PepiEN to pay a greater share of such costs unique to arbitration; and
(c) the prevailing party shall, to the extent permitted or required by applicable law, be entitled
to an award of reasonable attorneys' fees and costs incurred in connection with the arbitration in
such an amount as may be determined by the arbitrator.
All decisions of the arbitrator shall be final and binding on both parties and enforceable in any
court of competent jurisdiction. Notwithstanding this, the application may be made to any court
for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing,
PepiEN shall be entitled to seek temporary injunctive relief, security, or other equitable remedies
from the United States District Court for the District of Delaware or any other court of competent
jurisdiction.
26. GOVERNING LAW
These Terms shall be governed by the laws of the State of Delaware, USA, excluding the United
Nations Convention on Contracts for the International Sale of Goods; the 1974 Convention on
the Limitation Period in the International Sale of Goods; and the Protocol amending the 1974
Convention, done at Vienna April 11, 1980; provided, however, that to the fullest extent
permissible under law the Federal Arbitration Act (9 U.S.C.§ 1 et seq.) shall govern Section 25
of these Terms (entitled Dispute Resolution).
27. NON-SOLICITATION
Without limitation, the Services may not be used to solicit for any other business, website, or
service. You may not solicit, advertise for, or contact in any form Users for employment,
contracting, or any other purpose not related to the Service facilitated through PepiEN without
express written permission from PepiEN.
You may not use the Service to collect usernames and/or email addresses of Users by electronic
or other means without the express prior written consent of PepiEN.
28. HEADINGS
The headings and captions used in these Terms are used for convenience only and are not to be
considered in construing or interpreting these Terms.
29. ENTIRE AGREEMENT. SEVERABILITY
These Terms, together with any amendments and any additional agreements you may enter into
with PepiEN in connection with the Services, shall constitute the entire agreement between you
and PepiEN concerning the Services. If any part of these Terms is held to be unlawful, void, or
unenforceable, that part will be deemed severable and shall not affect the validity and
enforceability of the remaining provisions.
30. CONTACTS
For additional information and in case you have any questions about these Terms, please contact
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